I believe that credit card debt for any reason would be considered separate debts. There may be a way to show that there was no other way to support the child, but for that you would need a good attorney…
Debts incurred after the date of separation are considered separate debt. However, if your Husband has failed to adequately support you he might be liable for arrearages.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
YOu have said that debts which have incurred after separation are considered separate. What if the debts were incurred because spouse was not adequately supporting the family and credit cards needed to be used for living expenses for the children?